| 英文摘要 |
In the past decade, the company registration system, particularly the market access registration system, has achieved significant reform accomplishments. The previously fragmented legislative registration model based on the forms of business entities has been replaced by the unified ''Regulations on the Registration Management of Market Entities'' and its implementation rules. The company registration system can be considered the core aspect of the reform of commercial systems. Under the promotion of the State Administration for Market Regulation, the increasingly convenient market access registration system has played a significant role in improving China's business environment. However, from the perspective of facilitating the maintenance and development of enterprises and fostering a sound competitive order, there is still considerable room for improvement in China's company/ commercial registration system. A systematic approach reveals at least six key areas that need improvement within the company registration system. How can the registration systems for commercial entities and non-commercial entities develop in synergy? How can we shift the focus from ''entity registration'' to ''behavioral registration''? How can we transition from an emphasis on ''voluntary registration'' to a balanced approach that includes ''mandatory registration''? How can we move from focusing on individual company registration'' to valuing ''bulk company registration''? How can we shift our attention from ''access regulation'' during registration to ''process regulation'' after registration? Finally, how can we accurately define the nature of registration actions and optimize the effectiveness of various registration and pre-registration actions? The promotion of the business environment through company registration is not only about improving ''access registration'', but also about how we can enhance ''process regulation''. A decade ago, the difficulty in establishing a competitive order among Chinese enterprises was largely due to excessive government intervention; after more than ten years of administrative streamlining and decentralization reforms, it is evident that the greatest obstacle to forming a sound competitive order now may stem from platform enterprises. The chaotic and excessive race to the bottom among platform enterprises is a significant factor hindering the development of the real economy and increasing the operational costs of enterprises. Therefore, the academic community in commercial law should unite to launch a ''compliance challenge'' against those platform enterprises that exhibit serious governance irregularities. For a long time, the commercial law academic community has focused narrowly on commercial entity registration, showing insufficient enthusiasm for broader issues such as behavioral registration, intermediate enterprise (social enterprise) registration, and mandatory registration, which have attracted the attention of civil law and administrative law scholars. This lack of enthusiasm has directly impacted the reform of related registration systems. Entity registration is an effective measure for achieving social control and promoting transaction safety; it is also a systematic project. The commercial law academic community should adopt a systematic and openminded approach to deeply reflect on the problems existing in the current ''one-dimensional'' entity registration system, as this will be more conducive to enhancing the business environment. In the long run, the best approach to resolving these issues is not to formulate a ''Business Entity Management Law'' or a ''General Principles of Commercial Law'', but to focus on developing a version of the '' Commercial Code'' with Chinese characteristics. |
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